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In this CPD, counsel for four of the five parties to the action in Re Amerind discuss the persistent question in insolvency law of “to whom does the liquidator of a trading trust distribute property realised in that liquidation?”, and Justice Robson’s comprehensive discussion on the topic and the Suco Gold/Enhill treatment.
This is a debate between barristers Damien McAloon and Katherine Brazenor on the issue of whether the peak indebtedness rule remains an essential part of Australian Law. The Moderator is retired Federal Court Judge, the Honourable Ray Finkelstein AO, QC. The debate is sparked by the New Zealand Court of Appeal rejection of the peak indebtedness rule in Timberworld Ltd v Levin .